so I was having some trees cut down yesterday...

[targa911S]

Well I talked to my insurance man, a friend, and he agrees prorating is BS. Replacement cost is what he should pay. Judging by everybody's replies here that won't be cheap. I'm ok with repaired but not my first choice. Anyway my insurance man told me that if this guy goes south on me, to give him a call. They will cover me and go after him. Of course then MY rates go up but seems sometimes I'm always in the middle. It's good to know that my insurance company has got my back though. I will get some estimates locally from reputable companies as comparison to what kind of number he will have in mind. I will have the work billed direct to him. I may live in the country now but I'm a city kid, I suspect everybody. One good thing as I still have his merchandise that I completed work on and it's a family heirloom. Not worth much to me, worth a lot to him I'm sure.

[red-beard]

Originally Posted by Rick Lee

The old R-22 units have not been made for almost two years. The new 410 units are much more efficient, but a lot more expensive (upfront). The old R-22 parts are starting to dry up and that's just what the EPA wants. Might be time to do the whole new thing here, take all the tax credits and rebates you can get and then stick the tree cutter with the rest of the bill. My modest house was estimated to need a $7k unit when the time comes.

They aren't that much more efficient. The R-22 units are 13SEER. The R410 units range from 13 to 23 SEER. He can replace the R-22 condensor unit for $1500. Going to R410 will require changing the evaporator and you should also probably upsize the copper lines. I doubt he'll do a similar cheap R410 with install for less than $5K. The 23 SEER units will cost $12K.

Edit: The Tax credit this year is a whole big $500, maximum $300 for an A/C unit.

[Tobra]

Your rates should not go up if they recover from him, and they will recover from him if he has insurance. You are creating a data trail here. It is replacement cost in this sort of situation. Speaking of which, I need to write a letter to my own insurance about a total loss on a vehicle where they screwed me over

I would probably hold on to his family heirloom until this is resolved, but I am a suspicious sort.

[dad911]

Look for a date on the unit, see how old it is. Looking at the base of the pic, it looks like the frame is rusting out at the bottom.

[targa911S]

Does this help?
Yes the frame appears to be rusting.

[Rot 911]

I bet it still works. Seriously. I see a bunch of fins bent, but I bet it doesn't degrade the cooling of the unit much. Those units are pretty easy to shift around on the pad. Not bolted down or anything. Of course this is assuming the coolant and return lines are intact.

[MRM]

Dave, if you want to be firm about it, report it to your homeowner's insurer. Your deductible and rates should not be affected. You get fronted the money. Your insurer will talk to his insurer and recover their money.

I think he's confused about what insurance companyies will pay. If this was strictly a homeowner's first party claim, the insurer would pay the actual cash (depreciated) value unless you actually bought a replacement, then they would pay the replacement cost. You are making a third party liability claim, so depreciation doesn't matter. You're entitled to replacement value. Which really shouldn't be enough to raise his rates.

But if he is sincere about not wanting to turn it in to insurance, get three quotes for comparable units and give him the choice. Either he pays lowest similar replacement cost, he turns it in to his insurance, or you turn it in to yours. He can't complain too much if you put it to him that way politely.

[red-beard]

3 tons. There is another nameplate (I can see it in the picture) that might have the rating. That unit is OLD (late 1970's/early 1980's). I expect a 13SEER unit will cut your cooling costs in 1/2. A higher SEER unit will further reduce cooling costs, but I doubt the payback period is worth it.

How much are you paying for electricty, per kWh?

[kaisen]

Originally Posted by MRM

Dave, if you want to be firm about it, report it to your homeowner's insurer. Your deductible and rates should not be affected. You get fronted the money. Your insurer will talk to his insurer and recover their money.

I think he's confused about what insurance companyies will pay. If this was strictly a homeowner's first party claim, the insurer would pay the actual cash (depreciated) value unless you actually bought a replacement, then they would pay the replacement cost. You are making a third party liability claim, so depreciation doesn't matter. You're entitled to replacement value. Which really shouldn't be enough to raise his rates.

But if he is sincere about not wanting to turn it in to insurance, get three quotes for comparable units and give him the choice. Either he pays lowest similar replacement cost, he turns it in to his insurance, or you turn it in to yours. He can't complain too much if you put it to him that way politely.

Trust this ^^^^ advice as if it came from an expert in this type of law

[Brian 162]

I replaced an outdoor unit for my mechanic this past summer. The cheapest option was a new R-22 unit without refrigerant. It came with a 5 year parts guaranteed. All I had to do was add refrigerant.
For your case changing the outdoor unit with a R-22 unit would be the cheapest because you could re-use the indoor coil and most likely use the existing line set. Just make sure there are no leaks in the line set.

[nostatic]

Originally Posted by targa911S

Yeah he may have done me a favor, but I don't see why this should cost me anything out of pocket. It worked fine before the cherry tree hit it.

Thanks for the input fellas.

^^^ this

I worked fine. He broke it. Prorated = BS.

[Normy]

Has the unit lost its gas?

-Would the insurance company replace a unit like that if the system still worked?

If the system still works, and if the insurance would pay you while not raising rates...then by all means make a claim. And put the money in escrow for when the unit DOES finally die!

Good luck-

N!

[targa911S]

Originally Posted by MRM

Dave, if you want to be firm about it, report it to your homeowner's insurer. Your deductible and rates should not be affected. You get fronted the money. Your insurer will talk to his insurer and recover their money.

I think he's confused about what insurance companyies will pay. If this was strictly a homeowner's first party claim, the insurer would pay the actual cash (depreciated) value unless you actually bought a replacement, then they would pay the replacement cost. You are making a third party liability claim, so depreciation doesn't matter. You're entitled to replacement value. Which really shouldn't be enough to raise his rates.

But if he is sincere about not wanting to turn it in to insurance, get three quotes for comparable units and give him the choice. Either he pays lowest similar replacement cost, he turns it in to his insurance, or you turn it in to yours. He can't complain too much if you put it to him that way politely.

That is my preferred way of handling it. I hate conflict. this was a handshake deal and we were both doing each other a favor. It just went bad, it was an accident. I don't want anybody to get screwed here.

I will look for more unit on the info when it's light pout tomorrow.

thanks for all the help.

[idontknow]

Originally Posted by Rick Lee

The old R-22 units have not been made for almost two years. The new 410 units are much more efficient, but a lot more expensive (upfront). The old R-22 parts are starting to dry up and that's just what the EPA wants. Might be time to do the whole new thing here, take all the tax credits and rebates you can get and then stick the tree cutter with the rest of the bill. My modest house was estimated to need a $7k unit when the time comes.

The EPA had R-22 equipment phased out so some manufacturers produce empty equipment now and R-22 will still be around till at least 2025. By then R410 equipment might become more affordable.

[T77911S]

he did you a favor. you can get "dry" r22 units, but as old as that is, you may want to work something out with the guys installing the new unit and go ahead and replace the indoor unit as well, that will save you money in the long run. you know how it is, they never break when you dont need heat or AC.

[rick-l]

So does it still work?

[Jim Bremner]

Tell me that you're saving the Cherry wood for smoking pork with!

[Superman]

I'm like you. Hate conflict. Then again, hate it or not, I've dealt with it a LOT. AS you continue to gather information and politely provide that information to him, he will soften and begin to see what he needs to do. Don't hesitate to forward info to him as you get it. Then, when it's all in, summarize for him. Point out that you're providing him with options. Make him aware that 'walk away' is not one of the options. If he asks for his heirloom back, point out that the arrangement is not concluded. When he looks at his options, he will notice that if he does nothing, you file your own insurance claim, your provider gets the money from his provider and you are 'made whole' whether he likes it or not. If this inflicts permanent injury to a relationship, bear in mind this guy is a shyster.

[targa911S]

Originally Posted by Jim Bremner

Tell me that you're saving the Cherry wood for smoking pork with!

The whole cherry tree is cut split and stacked. I did that. (ask me how I feel today)It was at least 90 feet tall prolly 30 inches across and deader than Moses.The other one was a white oak about the same size. got that too. We have 2 fireplaces in the house. This will be next years wood though. I have this years already.

[chocolatelab]

Have you tested the ac? Is it still working? If it was still working fine I would probably just let it go.

Hand shake deal and trade. Thats just part of it. Accidents happen.